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{
    "id": 271416,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/271416/?format=api",
    "text_counter": 51,
    "type": "speech",
    "speaker_name": "Mr. Ojode",
    "speaker_title": "The Assistant Minister, Ministry of State for Provincial Administration and Internal Security",
    "speaker": {
        "id": 197,
        "legal_name": "Joshua Orwa Ojode",
        "slug": "joshua-ojode"
    },
    "content": "Chinese proceeded to Central Police Station where he reported that his employer had been picked by persons not known to the employees. The matter was thereafter referred to the Criminal Intelligence Unit at the CID Headquarters and at about 9.00 p.m. the Chinese was eventually located at the CID Headquarters Cyber Crime Unit offices. He was in company of the four officers and a civilian by the name George who was later identified as a commercial police informer. Further inquiries revealed that the officers used a motor-vehicle belonging to the informer to ferry the suspect to the CID Headquarters. After inquiry, it was established that the suspect had been in the custody of the officers from 3.00 p.m. to 9.00 p.m. Throughout this period, they had neither booked the suspect in police cells nor informed their superiors about the arrest of the foreigner. In view of the suspicious conduct of the police officers, the Chinese national was released and asked to be reporting to the police pending the conclusion of investigations. In the meantime, all the four police officers were dealt with in orderly room proceedings for being guilty of an act prejudicial to good order and discipline by failing to report to their superiors the arrest of a foreign national. It is a requirement under the Police Force Standing Orders, Cap.49 Section 17 that in the event of an arrest of any foreigner, his or her nearest Commonwealth or consular offices should be informed immediately through Police Headquarters who will immediately notify the Ministry of Foreign Affairs. On conclusion of the orderly room proceedings, the officers were found guilty as charged and convicted accordingly. They were later sentenced to dismissal from the Kenya Police Service with effect from 3rd December, 2011. Mr. Speaker, Sir, on 28th February, 2012, we received a preliminary report prepared by Global IPR Enforcement Due Diligence from the Anti-Counterfeit Agency revealing that some of the Nokia accessories recovered from the Chinese national such as keypads and earpieces are not produced by Nokia. As regards the other recovered exhibits, we have contacted the intellectual property rights owners through the Executive Director of the Anti-Counterfeit Agency and we are still awaiting the analysis report. (a) The Chinese national has been charged with the following of offences and a warrant of arrest is in force. (i) Counterfeiting trademarks contrary to Section 381. (ii) Engaging in business without authority contrary to Section 12(a) of the Immigration Amendment Act, Cap.172 LOK as read with Sub-section (f) of the Act. We have confirmed from the Director of Immigration Services that the Chinese suspect left the country on12th February, 2012. (b) I wish to confirm that while dismissing the four officers, the Police Force Procedures were not violated. All the four police officers were properly notified of the intended proceedings in addition to all the other procedures in disciplinary proceedings under Cap.20 of the Force Standing Orders being equally followed. This includes the notification of the right of appeal against the dismissal to the Commissioner of Police within seven days from the day of receipt of the dismissal letters. Thank you, Mr. Speaker, Sir."
}